The ICC and Common Purpose: What Contribution is Required Under Article 25(3)(d)?

Abstract

Article 25(3)(d) has not yet been the object of much academic or jurisprudential debate, but the few authors who have attempted to make sense of the provision have had serious problems in doing so and have therefore fiercely criticized it. This paper will not deal with all the possible aspects and problems but will rather focus, after some general preliminary remarks, on the quality or nature of the contribution required by Article 25(3)(d) of the Rome Statute of the International Criminal Court (ICC). Some other issues of the provision are only dealt with insofar as they relate to the contribution issue.